ПОРЯДОК ОДЕРЖАННЯ ЗРАЗКІВ ДЛЯ ПРОВЕДЕННЯ ЕКСПЕРТИЗИ В РАМКАХ КРИМІНАЛЬНОГО ПРОВАДЖЕННЯ

Keywords: examination, samples, identification, methods, receptions, criminal proceedings, offences, investigative actions

Abstract

The article reveals topical issues regarding the procedure for criminal proceedings examination. It is noted that the crime rate in our country is high; thus, the effectiveness of pre-trial investigation needs to be significantly improved, especially with developing more effective techniques and methods in detecting and investigating criminal offences. Theoretical aspects concerning the examination procedure in criminal proceedings are considered, revealing the concepts of ‘identification’, ‘forensic examination samples’, ‘comparative research samples’, ‘biological samples’, ‘material evidence’. Outlined are the grounds and procedural methods for the application of temporary access to personal belongings and records, grounds for taking biological samples from a person for further examination, general rules for preparing the referral of examining biological samples. Requirements for the taken biological samples are given. Methods of their fixation are determined. It is established that the question of the concept and legal nature of examination samples remain controversial. It is substantiated that examination samples should be considered as an independent category of objects that have their procedural nature and purpose. It is proven that obtaining examination samples is an investigative (search) action. It is emphasized that the legal basis for obtaining examination samples is based on developed international human rights instruments. It is proved that when necessary to take biological samples for examination, a significant aspect is to make a decision on their receipt, as well as to take into account the types of biological samples, their number, place and time of the procedure. There also must be an examination conducted by a specialist with all samples properly packed and sent for examination.

Published
2020-09-30
How to Cite
Кушпіт, В., Палюх, А., & Смук, М. І. (2020). ПОРЯДОК ОДЕРЖАННЯ ЗРАЗКІВ ДЛЯ ПРОВЕДЕННЯ ЕКСПЕРТИЗИ В РАМКАХ КРИМІНАЛЬНОГО ПРОВАДЖЕННЯ. Scientific Notes of Lviv University of Business and Law, 26, 141-146. Retrieved from https://nzlubp.org.ua/index.php/journal/article/view/319
Section
Series: Law